LATO SINGH Vs. STATE OF M P

JUDGEMENT

(1.) BEING aggrieved by the judgment dated 26.9.2003 passed by VI ASJ (Fast Track), Bhind in Criminal Appeal No. 109/2003 whereby judgment dated 22.7.2003 passed by CJM, Bhind in Criminal Case No. 1354/2000 whereby the petitioner was convicted for the offence punishable under section 454 and 380 of IPC sentencing him to undergo three years imprisonment with fine of Rs. 300/- and fine of Rs. 300/- was modified to the extent that conviction u/s 454 IPC was set aside while conviction u/s 380 IPC was maintained, the present revision petition has been filed.

(2.) CASE of the prosecution was that on 12.10.2000 complainant/ Umesh Shrivastava went to village for funeral of his father-in-law and after return to his residence he found that some valuable articles were stolen. Thereafter, petitioner and other co-accused found in possession of the same articles and petitioner was arrested and charge-sheeted. After framing of charges and also after recording of evidence the offence was found proved and petitioner was convicted as stated hereinabove. An appeal was preferred against that judgment which was maintained, hence this revision petition.

(3.) IN alternative learned counsel submits that looking to the nature of offence and the fact that petitioner has already served substantive part of jail sentence, the same may be reduced to the period already undergone and the amount of fine may reasonably be enhanced.